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kth220-2012-exam.pdf - lOMoARcPSD|10914225 KTH220 2012 Exam...

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Studocu is not sponsored or endorsed by any college or universityKTH220 2012 ExamSpecific contracts (University of Pretoria)Studocu is not sponsored or endorsed by any college or universityKTH220 2012 ExamSpecific contracts (University of Pretoria)Downloaded by Tebogo Maseleme ([email protected])lOMoARcPSD|10914225
Page 1 of 4Department of Mercantile LawKTH 220 Specific Contracts 220Examination November 2012Time: 2 hoursMarks: 50Examiners: Proff CJ Nagel and DJ LötzModerator: Prof CM van Heerden________________________________________________________________IMPORTANT INFORMATION1.The administrative staff will place all examination results on the notice boards next to the HSBuilding, as soon as they become available. Examination results will also be available on theIntranet at Students on Line (SOL) as well as telephonically at 083 123 111.2.NB: No results will be given by lecturers or administrative staff.3.Supplementary examinations take place in the week of 310 December 2012. Students mustconsult the notice boards at the ABSA ATM next to the old Chemistry Building to determine thedate, examination session and venue for the supplementary examinations.4.PERUSALof examination scripts: 29 November 2012, 09:0011:00, Law 1-34.5.Supplementary examination results will be placed on the notice boards as soon as they be-come available.6.Most important: the onus rests entirely on the student to determine whether a supplementaryexamination has been granted to him/her before he/she leaves Pretoria.______________________________________________________________________SECTION ASALE (10 Marks)QUESTION 1Ms X is an avid cyclist and is at present the chairperson of the UP Cycling Club. On 5 October2012 she bought a pair of cycling pants to wear during a race on 15 October 2012 that had a prizeof R5 000 for the first woman cyclist to cross the finishing line. Ms X bought the pants from XgersSport Shop. Xgers Sport Shop sells clothing in the ordinary course of business against remunera-tion. The cycling pants that Ms X bought for R50 cash was exhibited on a shelf marked “Today‟sSpecials”.Proudly wearing her cycling pants on 5 October, she was way out in front and certain to win therace when the unthinkable happened: the pants had split open completely, forcing her to stop andtake shelter behind some shrubs until her seconds arrived with a towel that she draped around her.In the process she was passed by a whole pack of cyclists who laughed at her predicament andlater mercilessly teased her at the finishing point, where she had to make a speech and hand overthe prize to the winner, her arch-rival Ms Z.Ms X immediately headed back to Xgers Sport Shop where she confronted the manager. First-ly she demanded a refund, whereupon the manager simply shrugged and pointed to a sign on thecash register stating “We regret, no refunds on specials”. Ms X said that she did not see the signwhen buying the pants, but the manager replied that there is in any event a trade usage in theclothing industry that there is no refund on items on “special” and, moreover, that suchitems arealways sold on a “voetstoots” basis. She then demanded that Xgers give her a new pair of pants,but the manager answered that he is under no legal obligation to give her another pair of pants andthat all his stock in her size was sold out, so that he could not replace the pants anyway. The man-ager also examined the pants and said that the seam split open because of a low quality stringused in the stitching and bad workmanship for which he as manager was not responsible. Answerthe following questions:(a) What are the duties of Xgers Sport Shop in terms of the Consumer Protection Act 68 of 2008in respect of goods sold by them? (4)(b) What defence(s) can Xgers Sport Shop raise against Ms X in terms of the Consumer Protec-tion Act 68 of 2008? (2)(c)What remedies does Ms X have against Xgers Sport Shop in terms of the Consumer Protec-tion Act 68 of 2008? (4)[10]Downloaded by Tebogo Maseleme ([email protected])

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Term
Fall
Professor
S van wyk
Tags
Suretyship

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